The feminist critique of the State challenges the traditional view of the state as a neutral and impartial arbiter of societal interests. Feminists argue that the state, far from being neutral, is deeply patriarchal in its structure, policies, and practices, serving to perpetuate and reinforce gender inequality. They contend that the public/private divide, often upheld by state laws, relegates women's issues to the private sphere, making them invisible to state intervention and policy-making. For instance, issues like domestic violence or unequal pay were historically considered private matters, not warranting state interference.

Feminist theorists like Carole Pateman and Catharine MacKinnon highlight how state institutions, including legal systems, political representation, and economic policies, are designed from a male perspective, reflecting male experiences and interests. This leads to laws and policies that often disadvantage women or fail to address their specific needs. The critique calls for a re-imagining of the state to actively dismantle patriarchal structures, promote gender justice, and ensure that women's voices and experiences are central to political and policy processes, rather than being marginalized.